Rattan Singh v. H M T Pinjore And ORS.

FAO No.4869 of 2007 (O&M)



   
   FAO No.4869 of 2007 (O&M) Date of Decision:31.10.2015 Rattan Singh $.Appellant

Versus

HMT Pinjore and others $.Respondents      


 Argued by:

Mr. Mohit Setia, Advocate for Mr. Gaurav Chopra, Advocate for the appellant. Mr. Arvind Kashyap, Advocate for respondents No.1 and 2. Mr. Suvir Dewan, Advocate for respondent No.37 Oriental Insurance Company Ltd.



 1.

The appellant was granted compensation to the tune of Rs.90,000/7 by Motor Accidents Claims Tribunal, Panchkula (Tribunal for short), for the injuries sustained by him in an accident which took place on 16.1.2002. Feeling dissatisfied with the amount, the appellant came up in appeal. 2.

So far as the award is concerned, Tribunal rightly held that the petitioner, i.e. the appellant here, could not be allowed to take advantage of his own mistake because despite application moved by the Insurance Company, the appellant did not furnish the driving licence. He intentionally withheld the same which showed a collusion between the appellant and respondents No.1 and 2 i.e. driver and owner.

3.

The appellant was fairly compensated for the treatment, disability, pain and suffering and also for transportation and special diet etc. An amount of Rs.90,000/7 for an accident in 2002 was not at all on the lower side. No enhancement is called for.

ISHWAR SINGH GARHWAL 2015.10.31 12:36 I attest to the accuracy and authenticity of this document

FAO No.4869 of 2007 (O&M) 4.

The appeal is dismissed.

  

             31.10.2015 Ishwar

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ISHWAR SINGH GARHWAL 2015.10.31 12:36 I attest to the accuracy and authenticity of this document